Social Security Survivor Benefits for a Divorced Spouse
There’s an important difference between a Social Security benefit based on a living ex-spouse’s record and a survivor benefit if that ex-spouse later passes away. They’re often confused, but the rules — especially around remarriage — are genuinely different.
The 10-Year Marriage Rule Still Applies
As with the divorced-spouse benefit, a marriage of at least 10 years is generally required to qualify for a survivor benefit based on an ex-spouse’s record.
The Age Threshold Is Lower Than the Standard Divorced-Spouse Benefit
You may be eligible as early as age 60 (age 50 if you have a qualifying disability) — younger than the age-62 minimum that applies to the regular divorced-spouse benefit.
A survivor benefit can be as much as 100% of the deceased ex-spouse’s benefit if claimed at full retirement age, and less if claimed earlier. That is separate from the living-ex divorced-spouse benefit, which tops out at 50% of the ex’s full benefit.
The Remarriage Rule Works Differently Here — and More Favorably
For the regular divorced-spouse benefit, remarrying generally ends your eligibility. For a survivor benefit, remarriage at or after age 60 (or 50, if disabled) does not end your eligibility to claim survivor benefits on a deceased ex-spouse’s record. Remarrying earlier than that, however, generally does.
Your Ex-Spouse’s Remarriage Doesn’t Affect Your Claim
You can qualify for a survivor benefit as a divorced spouse even if your late ex-spouse remarried before their death.
Why This Matters for Later-Life Planning
Survivor benefits can be a meaningful part of long-term financial security after a long marriage ends, particularly for a spouse who earned less or stepped back from the workforce during the marriage.
To confirm what applies to your own record, contact the Social Security Administration directly at ssa.gov or 800-772-1213.
This article is general information about a federal benefit program, not legal, tax, or financial advice. Sun State Mediator does not calculate benefit eligibility or amounts.
Related: Social Security & Medicare for a divorced spouse →